Ihatelawsuits

Midland Credit Management, Inc Pre-trial Questions after dispositive Motions Deadline

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I originally had a Pre-trial for this past August but it was cancelled giving parties 60 days to complete discovery and leave to file dispositive motions until 11/20 for Review.  I now have a pre-trial scheduled for February 1st.  I never received any discovery or motions from the Plaintiff.  Not sure how to prepare for this new pre-trial.  Any help you be so greatly appreciated.  The case is for a Capital One account that does not qualify for arbitration.

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There is nothing 100% guaranteed. Some judges just so whatever the h#!! they feel like doing. 

This is the probable scenario  

At this point it is too late for either side to file for discovery or a MSJ or for you to file for a MTD  That ship has sailed  

You will have a pre-trial conference 

A date for a trial will be set up   
 

Only the evidence already presented will be used in trial.  You have missed any chance for discovery, and if you wanted the accounting thrown out for any reason it is too late.  
 

There will be a trial, and you will lose.  
 

At this point your options are:

1. Prepare for  BK

2.  Make a pre-trial settlement offer to the plaintiff 

3  Settle after the trial

4 Make yourself judgement proof   This may not be possible   Or it may happen  

5  Have accounts seized and or wages garnished 

 

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47 minutes ago, Ihatelawsuits said:

This is the 4th time I have been sued.  It usually goes:

1. Answer Complaint

2 only once Answered Discovery that was sent to me.

3.  Replied to Summary Judgment and Summary Judgment was declined

4. Case Dismissed Without Prejudice by Plaintiff

This case is either better for you or worse for you.  If they show up and prosecute the case, you will lose.  If they don’t show up for the pre-trial conference, immediately move to dismiss the case without prejudice due to lack of prosecution of the case.  The judge may or may not agree. If they blow off the trial immediately move for a default verdict in your favor, or else a dismissal of the case. 

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37 minutes ago, Ihatelawsuits said:

Also the only evidence they have is 2 Statements.  There is no copy of Bill of Sale or any affidavits.  Won't I be able to use the lack of evidence if it goes to trial?

Maybe. Maybe not.  
My state, for example, has a “use it or lose it” provision. The plaintiffs only have to provide certain evidence if the defendant demands the evidence.  You didn’t.  
 

I don’t know the laws for your state. 

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44 minutes ago, Ihatelawsuits said:

I was able to get a extension for discovery and dispositive Motions.  What should I include in discovery and/or what motions could I file.

Dispotive motions are motions which would end the case.  This would be a MTC, MSJ, etc.  

Since you have been given time to file such a motion, then this would be the ideal time to file an MTC, if the underlying contract allows it.  That could end things.  

As far as discovery goes, a lot of that depends on what state you are in.  The laws vary state to state as to what is required for the plaintiffs to prove their case.  My state has a higher burden of proof on the OC than on the JDB, for example.  Back in the old days it was the other way around. 

If you file an MTC, do NOT demand discovery until after the MTC is ruled on.  If they rule against you, THEN file discovery.  Else, if you are not filing an MTC, then you want to file discovery.  

Discovery are requests made to the plaintiff, NOT to the court.  

Basically, what do you want them to provide?   They need to provide some sort of evidence that:

1. This was a valid account.

2. You owe the money they claim you owe, and

3. That they own the debt now.  

 

There are threads on discovery.  You may want to read up on them.  But first, see if you can file an MTC.  That is a lethal weapon, while discover is a mere road block.  

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3 minutes ago, BackFromTheDebt said:

Dispotive motions are motions which would end the case.  This would be a MTC, MSJ, etc.  

Since you have been given time to file such a motion, then this would be the ideal time to file an MTC, if the underlying contract allows it.  That could end things.  

As far as discovery goes, a lot of that depends on what state you are in.  The laws vary state to state as to what is required for the plaintiffs to prove their case.  My state has a higher burden of proof on the OC than on the JDB, for example.  Back in the old days it was the other way around. 

If you file an MTC, do NOT demand discovery until after the MTC is ruled on.  If they rule against you, THEN file discovery.  Else, if you are not filing an MTC, then you want to file discovery.  

Discovery are requests made to the plaintiff, NOT to the court.  

Basically, what do you want them to provide?   They need to provide some sort of evidence that:

1. This was a valid account.

2. You owe the money they claim you owe, and

3. That they own the debt now.  

 

There are threads on discovery.  You may want to read up on them.  But first, see if you can file an MTC.  That is a lethal weapon, while discover is a mere road block.  

It's for a Capital One Account opened after they removed the Arbitration Agreement.  I am used to getting MSJ or discover but these guys only sent the Complaint.  Makes it hard to defend against.  I figure Discovery is my only option.

 

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